📌 Via Tamar Hallerman: 1/...

Coming at 1 pm: closing arguments from Fulton election defendants who are arguing #FaniWillis should be disqualified from the case. We're also expecting both sides to try and submit additional evidence, incl text messages, cell records and an affidavit #Georgia #legal

Live stream here: https://www.youtube.com/@judgescottmcafee/streams

Among today's spectators: Scott Grubman, att'y who rep'd defendant Ken Chesebro. Former Dekalb CEO and gubernatorial candidate Vernon Jones is also back

Bevor Sie zu YouTube weitergehen

2/ Hallerman:

Here are some of the things I'm watching for:

- Any hints from McAfee on how he could rule
- Whether he admits any new evidence, allows new testimony
- How defense attorneys interpret Terrence Bradley's testimony

3/ Hallerman:

Judge McAfee confirms that defense attorneys have asked for 90 mins to divide between themselves for closing statements. He's giving prosecutors the same amount of time

Scott McAfee's Zoom Hearing

YouTube

5/ NBC:

John Merchant, Roman's defense attorney, is starting his closing arguments, focusing on what he alleges is a conflict of interest on Willis' part.

Via live blog: https://www.nbcnews.com/politics/donald-trump/live-blog/trump-cases-live-updates-fani-willis-rcna140536

Trump Florida case still without a trial date, Georgia judge hears summations in misconduct allegations against Fani Willis: Highlights

Donald Trump attended the classified documents hearing, which could determine a timeline for trial. Later in the day, a judge heard closing arguments on the effort to remove Fani Willis from Trump's Georgia election interference case.

NBC News
6/ Watching this. Merchant is saying that Willis had a "personal interest" in the way this goes, and if he gets overruled, he'll "come back" and do this all over again. (appellate court)

7/ NBC:

Roman alleged that Willis skirted the rules to appoint Wade and that she benefited financially from his appointment, which has earned his office over $600,000 to date.

8/ "There's enough facts in front of you, you know it when you see it," Merchant says of what constitutes a disqualifying conflict.

He's arguing that the standard for removing the DA from the case is an appearance of conflict, not an actual conflict.

9/ "We couldn't care less if they had a personal relationship outside of work," Merchant says of Willis and Wade. "They were dating for two years and then she awarded him a contract" where Fulton money ended up in his pockets. He says $9200 of Wade's trip spending unaccounted for
10/ 🤦🏻‍♀️ John Merchant invoked a quote from a Supreme Court decision on obscenity written by Justice Potter Stewart saying that when it comes to pornography, "I know it when I see it." He said that the allegations of misconduct against Willis fit this threshold of appearance of impropriety.

11/ Sadow is up now.

I detest him.

12/ Hallerman:

Trump's attorney Steve Sadow is up next. He's evoking Willis speech at Big Bethel AMEChurch, during which she said critics were playing the "race card." Sadow says it represented "a calculated determination by Ms. Willis to prejudice" a jury against the defendants

13/ FYI, this is about Squeaky:

As part of his closing arguments, John Merchant defended his wife Ashleigh, a lawyer for Trump co-defendant Michael Roman who led much of the witness questioning in this case.

"I will resist the temptation to defend my wife, who I believe to be an excellent lawyer," John Merchant told the judge, adding, "but i will say this, judge: you don’t just evaluate the credibility of the witness list. You evaluate the credibility of the lawyers."

more...

14/ cont'd:

Merchant said Adam Abbate, a lawyer for the state, "stood up here in open court ... and called her a liar."

"For the state to get up here and impugn her credibility" is inappropriate, Merchant added.

15/ Hallerman:

Sadow says there is a "legitimate concern based on the evidence of this case of (Willis and Wade's) truthfulness." He cites the testimony of former Willis friend Robin Yeartie and texts between ex-Wade law partner Terrence Bradley and attorney Ashleigh Merchant

Specifically, Sadow mentions Bradley's text “absolutely” when Merchant asked him if he believe Wade’s relationship with Willis began before she hired him

16/ Via Acyn:

Judge McAfee on Bradley text messages: In these text messages, is it ever definitively shown how he knew this… Usually if a state has a witness that goes sideways, they've got him locked in.., we don’t have that here

17/ NBC:

Trump's lawyer Steve Sadow told the judge that he didn't have to decide in this hearing that Willis and Wade lied. He said that what he had to do is "make a finding of the fact that you have genuine legitimate concerns about their credibility and their truthfulness."

Sadow then pushed the judge on the threshold for misconduct, saying that it only needed to be a "preponderance of evidence."

18/JHC.

Hallerman:

Craig Gillen, attorney for David Shafer, says Willis' strategy for her church speech was "deflection." She did two other "reprehensible" things for a lawyer or prosecutor, he said, play "the race card and the God card."

"She chose to inject race into the minds of the listeners and virtually everybody in this community," including people who could serve as jurors down the line, Gillen said. He calls it "premeditated."

19/ Hallerman:

Next up is Richard Rice, attorney for Bob Cheeley. He points to sheer volume of Willis-Wade texts, which tallies up to 10,000 text messages in 11 months, or roughly 30 a day.

“I don’t even think lovestruck teenagers communicate that much," he says

20/ Rice says Willis and Wade have track record of not being truthful. He points to Willis twice certifying on her ethics forms that she didn't accept gifts higher than $100. He alleges that Wade lied on his interrogatories in his divorce case about not being with other women

21/

Tamar Hallerman:

As he closes, Rice cites Judge McBurney's ruling on Burt Jones. If Willis was DQed for holding a fundraiser for a political opponent, then what Willis has done here "creates an actual conflict," he says

22/ Judge will allow no rebuttal from anti-Willis assholes.

Next up will be Willis side for 90 min. 5 min break.

I think judge said Team Asshole could reserve 5 mins for something but couldn't hear, sorry.

23/ We're back
24/ Now sitting at the prosecution table: DA Fani Willis
25/ Team Willis is calling out lies by Team Asshole.

26/ Prosecutor Adam Abbate says defendants have made many "material misrepresentations."

Says Robin Yeartie's testimony was “at best inconsistent… vague, very little description when asked in a very leading manner.”

27/ Abbate says the defense has to show an “actual conflict,” that Willis gained a financial benefit and got it based upon the outcome of the case. “They still got nowhere” during evidentiary hearing, he says

28/ NBC:

The prosecution gets underway with their closing arguments, with Abbate saying, “I am strongly bringing to the Court’s attention that the claims that were made were material misrepresentations. He's referencing MacDougald’s claims that the prosecutors knew Bradley was perjuring himself.

29/ Tamar Hallerman:

McAfee says GA case law appears to show that the appearance of impropriety can be grounds for disqualification. But Abbate says “that’s not the standard"

30/ NBC:

McAfee also appeared skeptical, questioning whether Abbate's contention that an actual conflict needed to be demonstrated in terms of just the outcome of a case or could apply to the prosecution thereof. Abbate agreed that any benefit gained during the prosecution would apply to the outcome of the case.

31/ Hallerman:

McAfee pressing Abbate on why DA Willis at first resisted testifying at the evidentiary hearing but then changed course.

Abbate notes the very public nature of the hearing.

Some long pauses. Willis sitting just a few feet behind Abbate

32/ Abbate's power point includes slides impugning motives of Yeartie and Bradley. Yeartie was a “disgruntled former employee” with "bad blood," gave vague answers. Bradley was "disgruntled" because he left firm with Wade due to sexual assault allegations, "vengeful speculation"

33/ Via Emptywheel:

Here's the rebuttal to Merchant's claims about phone records.

This is what I thought: If the phone records are dispositive, they prove Bradley and the ex-friend lied.

34/ NBC:
Abbate questioned the idea that Willis was financially benefitting from her relationship with Wade, pointing to her push for a speedy trial and decision to indict only 19 of 39 potential defendants. He contended that if she was financially benefitting, she would want to extend the process.

The prosecution is done with their closing arguments and Willis has left the room. Sadow, Trump's attorney, is now giving a five-minute rebuttal argument.

35/ Done.

Judge says it'll take about 2 weeks for his ruling.

@GottaLaff

Thank you, Laffy. Irreproachable, as always
:)

@iuculano Thanks. I'm pooped.
@GottaLaff understandably. Please get some rest. Even if breaking news comes in, for this once, it can wait till tomorrow. The last thing any of us want is for you to go on a burnout. 🤗

@iuculano It doesn't take much to pick up my phone when I get an alert and share it, lol.

I rest plenty. If only I could sleep more!

@GottaLaff

Well then, I hope the fact you're pooped will get you to sleep a little better. Hey, maybe some wine could help, lol ;)

@GottaLaff Oof — I guess that the defense at least gets a substantial trial delay out of this process.

Thanks as always for the summaries — they’re greatly appreciated !

@GottaLaff
You have the patience of Job.
I watched most of it via CBSLive (You Tube) which ran uninterrupted by ads and talking heads only when the court had a few short breaks.
This judge is a model of propriety.
Willis looks good to me. Her single lawyer faced off against five or so "defense" dudes taking turns flaming the case.
She needs to keep on the case & I sense the judge feels the same.
jmo

@Hootsbuddy Thanks.

I don't know. I thought he did a great job with the details, legally, etc, but sounded unsure of himself (his delivery). I hope the judge gets it right. I have mixed feelings about him.

@GottaLaff thanks as always! What a mess 😵‍💫 we all appreciate the coverage and your hard work on it!
@GottaLaff
Thank you, due to your effort I am all caught up on this important issue!
@GottaLaff If that lawyer says "um" one more time...
@3x10to8mps His delivery isn't what's important today
@GottaLaff @3x10to8mps I think he's doing a pretty good job with his presentation regardin ghis powerpoint presentation. That to me is more important than his delivery - he is annoying to listen to, but his points are well-presented
@MsMissy @GottaLaff @3x10to8mps No legal eagle here, but his apparent nervousness (at least that’s how I read it) seems deferential, which might be good, right? I mean, arguments aside, the belligerent tone of Team Asshole must annoy the judge at least a little.
@GottaLaff Yes true, just want him to be taken seriously. People subconsciously view those ums as unprepared, uncertain or prevaricating.
@3x10to8mps Oh I get it, but hopefully, it's substance over style
@GottaLaff This was what was making me crazy today. Evidently the judge accepted the cell phone info into evidence this morning snd the closing included arguments about what the records meant. THIS IS NUTS TO ME. 🤡🤦🏽‍♀️🤷🏻‍♀️
@MiriShuli He said at the last hearing he was accepting more arguments/evidence today.

@GottaLaff I do remember that. I guess I wasn’t expecting the cell phone data in grandular detail and for it to be used in closing without cogent rebuttal. The state’s attorney did address it. I just found it all to be quite maddening today.

And thank you for all you do. 💕

@GottaLaff

Very impressed with Abbate's presentation. He cites case law, specific dates, snippets of witness testimony. Not just bullet points.

Whereas Team Asshole was (literally) OH YOU KNOW IT WHEN YOU SEE IT

@ralfmaximus He's getting lots of criticism in my replies
@ralfmaximus @GottaLaff
Yeah, but the "you'll know it when you see it" comes with the secret Federalist wink.

@GottaLaff

I just wish one of these people would say to the trump crew:

"I'd like to note one thing... throughout all this proclamations against the DA, not once has the innocence of any of the defendants has been brought up --- the sole excuse here is that the DA had an inappropriate relationship.

Even if she is excused from the case it will proceed and we will convict your clients of the crimes they are charged with. Keep wasting your time and money... it won't stop anything."

@GottaLaff NOT FOR LAFFY: I'm sure Abbate is a nice guy, but if he's the best trial lawyer the Fulton County DA's Office has (which I assume he must be, given the stakes in this hearing), then I'm a lot more nervous about the prospects for them winning a conviction (and I can understand why it was so important for Willis to bring in an experienced outside counsel like Nathan Wade).

Q that I should know the answer to, but don't:

Since a SCOTUS finding that Trump is immune would also apply to most or all of the Georgia claims, why isn't the Georgia case automatically stayed pending SCOTUS's decision like the federal DC case is? (I can think of arguments, but has anyone discussed this directly?) c @GottaLaff @emptywheel

@msbellows Different jurisdictions? State vs fed? I dunno. @emptywheel
@GottaLaff @emptywheel My guesses are that either Georgia law on status pending interlocutory appeals is different than federal law, or that the Georgia case includes actions before or after his presidency and therefore inarguably not immune (which is why the Florida documents case isn't stayed). But that's just guesswork.
@msbellows Bc Trump hasn't argued it. @GottaLaff
@emptywheel @msbellows @GottaLaff
It makes sense to do it only after these proceedings; team Trump is trying to create the story that all the court cases are illegitimate, and the more of this stuff that happens the better.
@emptywheel @GottaLaff I'm not sure he'd need to. In the DC case, Chutkan ruled: "[T]he court agrees with both parties that Defendant’s appeal automatically stays any further proceedings that would move this case towards trial or impose additional burdens of litigation on Defendant." https://www.govinfo.gov/content/pkg/USCOURTS-dcd-1_23-cr-00257/pdf/USCOURTS-dcd-1_23-cr-00257-11.pdf
@emptywheel @msbellows @GottaLaff and thst's only because he has another successful stall going. If that judge rules to proceed with same players, he'll play the immunity card.